Cross v. Dye

Citations

• 259 Pa. 207
• 102 A. 816
• 1917 Pa. LEXIS 540

Syllabus

<p>Wills and devises — Beal estate — Estates tail — Act of April 27, 1855, P. L. 868 — Construction—Intention.</p> <p>A testatrix having given her husband an interest for life in certain real estate, gave the remainder to “my daughter, Marietta R. Cross, and my son, Walter L. Cross, and the survivors of them and their heirs in fee, but should they both die without lawful issue, then the same shall go to my sons, Jesse and Wilbur, and their heirs.” Walter L. Cross died unmarried and without issue prior to testatrix, but Marietta R. Cross survived the testatrix and the life tenant and aliened the property. In an action by Jesse and Wilbur against the grantee of Marietta R. Cross, brought after the death of Marietta, the court held that Marietta had received an estate-tail which became a fee simple estate under the Act of April 27, 1855, P. L. 368, and directed a verdict for defendant. Held, no error.</p>